Welcome to the new Becker-Posner Blog, maintained by the University of Chicago Law School.

02/20/2011

Gun Control—Posner’s Comment

There are two important lessons that can be drawn from Becker’s discussion of gun control. The first is that a problem that is not dealt with in its early stages may become insoluble. It is not only the sheer infeasibility of removing 200 million guns from the American population, but also the emergence of a gun culture, that has ended hopes of disarming the population. The more people who own guns, the more other people will want to own them as well for self-defense; and the further ownership spreads, the more normal it seems. The ownership of guns has always been common in rural areas (the lower population density of the United States compared to Western Europe is an important reason why private ownership of guns is so much greater here), where there are hunting opportunities and police are spread thin. But now it is common in the rough areas of cities as well. Drug dealers cannot rely on police to enforce their deals and therefore have to arm themselves, and their law-abiding neighbors decide they had better be armed as well. (The news media create an exaggerated fear of violent crime, and this also contributes to the demand for guns by law-abiding people.) If population density continues to grow and the drug trade were legalized, gun ownership might begin to fall.

Gun purchases soared in the economic crisis from which we are now (it seems) recovering. Partly this may have been due to increased cash hoarding (the sale of safes also soared) and to an increase in property crimes, but it may have been due mainly to a generalized fear that increased the demand for symbols of security.

The second lesson is the unwisdom of the Supreme Court’s recent decisions that have created—on the basis of a tendentious interpretation of the drafting history of the Second Amendment and an intellectually untenable (as it seems to me) belief in “originalist” interpretations of the Constitution—a constitutional right to possess guns for personal self-defense. The result is to impose a significant degree of nationwide uniformity on a problem that is not uniform throughout the nation. The case for private gun ownership is much stronger in largely rural states, such as Arizona—states in which there is a deeply entrenched and historically understandable gun culture and a rationally greater lawful demand for private gun ownership than in the suburban areas of the densely populated midwestern, northeastern, and mid-Atlantic states—than it is in big cities with high crime rates—cities that have long had very strict gun laws many of which may now be ruled unconstitutional.

Though gun ownership cannot be forbidden any longer, it can (even under the new constitutional regime) be regulated, as Becker emphasizes. Gun-registration laws aimed at denying gun ownership to lunatics and persons with a history of criminal activity, coupled with heavy punishment of dealers or customers who violate or evade the laws, should survive constitutional challenge. Federal “felon in possession” laws already provide for heavy punishment of persons forbidden to own a gun because they have been convicted of a felony, if they are caught with a gun in their possession. Loopholes in gun-registration laws, such as permitting the sale of guns at gun shows without requiring the screening of purchasers, can be closed. And punishment can be enhanced, even more than at present, for persons who use a gun in committing a crime. A reduction in the criminal use of guns would in turn reduce the demand by law-abiding persons, and as that demand fell so might the demand of guns by criminals, given stiff punishment costs. A virtuous cycle might be initiated that would lead eventually to a significant overall decline in gun ownership.

Comments

You can follow this conversation by subscribing to the comment feed for this post.

YY- skechers white tone-up fitness are a new kind of diesel krooley 0088z buy that lets you get a esther dresses workout for your hips http://www.sales-dieseljeans.com , thighs, calves, shape ups jump start skechers, and back while you're doing diesel lalo jacket walking around http://www.uk-womendresses.com/ . Nurses, coast Uma Color Block Dress, and stay-home parents love these shape ups liv navy http://yiyuyu004.eblog.cz , because they let you get a diesel lermo from doing the things marcia coast blouse dress you do anyway. In a way, they're the shape ups resistance womens orange gray for the modern day because like our women's classic vibram five fingers lichen and computers (diesel jeans designer jeans) they multi-task. reviews uk-women dress are extremely comfortable; though http://yiyuyu003.eblog.cz do take a shape shape ups skechers for men ups agility 2 to get vibrm five fingers, and they cause you to work your diesel zathan 008y7 footwear core muscles because they put Danced all night dress coast sequin sandals slightly off skechers fitness uk its normal balance. A lot of people say they can disel jens sale feel a difference even http://yiyuyu005.eblog.cz the first wearing. A 20-minute walk in marissa blue sequin dress coast hearty is a more intensive vibram five finger kso than the same walk in normal. http://www.skecher-uk.com/

DF- With this comfort discount barbour jackets uk line ideal for the cold outdoor diesel jeans of energetic standard of living http://www.barbour-jackets-store.net/ , the trusty and fashionable barbour laird jacket quilt assembly in soft polyester diesel jeans online never lets you down in cold and snowy herringbone jackets men all the time http://yiyuyu001.blog.163.com/ . The cord-lined collar http://www.gladyshardy.com/blog/yiyuyu002 , safado wash 0886p, inner zip pockets, ladies barbour jackets and the multi-utility roomy outside diesel fayza 25 are just a few of the sale barbour womens jacket you always come back for, and diesel tintsie are judiciously incorporated in valerie cotton touch trench coat n for maximum functionality http://blog.sina.com.cn/u/2554375254 . Come across these diesel clothing particularly designed to combat the mens short wax jackets and the frost. At diesel debi jeans are easy on the black vintage barbour womens jacket, these popular collections are available at great fashion banner web page: the comfy quilted jackets, slim fit international collection http://www.gladyshardy.com/blog/yiyuyu001 , and the black vintage barbour womens jacket. If you are looking for any particular design or size matic slim wash 008b3, feel free to inquire for we have a wide range of the barbour ursula in stock. http://www.diesel-jeans-uk-sale.com/

Just wanted to add a comment here to mention thanks for you very nice ideas. Blogs are troublesome to run and time consuming thus I appreciate when I see well written material. Your time isn’t going to waste with your posts. Thanks so much and stick with it No doubt you will definitely reach your goals! have a great time!

[url=http://www.cheap-abercrombie-fitch.org/polo-clothes/mens-polo-dress-shirts/mens-rose-white-ralph-lauren-breathable-cotton-plaid-shirt][/url]
[url=http://www.cheap-abercrombie-fitch.org/polo-clothes/mens-polo-dress-shirts/mens-rose-white-ralph-lauren-breathable-cotton-plaid-shirt]Mens Rose White Ralph Lauren Breathable Cotton Plaid Shirt[/url]With so many different options, it's easy to subscribe to the one that best fills your needs. It will clean dirt, kill parasites like carpet mites. Above all in online comparison sites it is easier to compare products of different manufacturers, deals of various providers and also have a virtual tour to the products on sale. The obvious example is, of course, the plane. Thinking perhaps he was a snob and didn't go to downmarket coastal surf cities like Huntington, we checked out nearby Newport Beach, where many of the residents wouldn't dream of buying used appliances, even if they were renting. The bags are built powerful and durable and designed to be carried easily. [url=http://www.cheap-abercrombie-fitch.org][b]Cheap Abercrombie Fitch[/b][/url]. Take it as a challenge for you so that your friends would come over to your place and ask for some advice.. However the zombie fighting ancestors used very intricately carved bells, whistles, and cymbals carved in truly cheesy designs. There should be more than enough power to meet their claims. [url=http://www.cheap-abercrombie-fitch.org/polo-clothes][b]Polo Clothes[/b][/url]. hey will often be quite happy to answer your inquiries if they see that you genuinely want to learn more. hen choosing a metal swing set for you backyard, you can easily locate good workmanship and price without sacrificing quality. This fantastic lipstick is available in 12 unique colours and is actually said to stay in place up to twelve hours. [b]Mens Rose White Ralph Lauren Breathable Cotton Plaid Shirt[/b]. [b]Mens Rose White Ralph Lauren Breathable Cotton Plaid Shirt[/b]. Cheap Uggs can be purchased through various ways. Since this is a very basic folder, it can only produce the letter fold. o what about the Graco Nautilus Car Seat.